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  • Mathis v. State

    Publication Date: 2012-06-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Long D. Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0126

    The trial court did not err in allowing the victim's friend to testify under the necessity exception to the hearsay rule about the victim's statement regarding threats he received from the defendan

  • McRae v. Padgett

    Publication Date: 2012-05-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S12A0494

    The trial court properly granted summary judgment to the defendant magistrate judge on the plaintiff's petition for a writ of mandamus seeking to compel the magistrate to issue additional arrest war

  • Ennis v. Ennis

    Publication Date: 2012-05-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Tyler L. Randolph Arnold Stafford & Randolph, Richmond Hill, for appellant.
    for defendant: Robert S. Kraeuter Johnson, Kraeuter & Dunn LLC, Savannah, for appellee.
    Case Number: S12A0277

    The trial court did not have personal jurisdiction over the wife, as she lacked sufficient minimum contacts within the state of Ge

  • Ortiz v. State

    Publication Date: 2012-05-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jason R. Hasty, Katherine M. Mason and David V. Weber Public Defender's Office, Augusta, for appellant.
    for defendant: Samuel H. Altman, District Attorney, Kelly A. Jenkins, Assistant District Attorney, Swainsboro, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0433

    One conviction for aggravated assault should have merged into the defendant's malice murder conviction, as there was no deliberate interval between a shot to the first victim's arm and the fatal sho

  • State v. Caffee

    Publication Date: 2012-04-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert W. Lavender, District Attorney, Elberton, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellant.
    for defendant: Jimmonique R. S. Rodgers, James C. Bonner Jr. and Sheueli C. Wang Georgia Public Defender Standards Council, Appellate Division, Atlanta, for appellee.
    Case Number: S11A1529

    Double jeopardy did not bar a second trial for murder, kidnapping and related charges, since the trial court based its grant of a new trial on the improper admission of evidence, as opposed to the i

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  • Haffner v. Davis

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Bryan P. Hilton, Douglasville, for appellant.
    for defendant: Charles D. Mecklin Jr. Tisinger Vance PC, Carrollton, and Daniel B. Greenfield, Bremen, for appellees.
    Case Number: S11A1451

    The plaintiff could not establish title by prescription because he did not adversely possess the property at issue for the requisite 20

  • Davis v. State

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James C. Bonner Jr. and Sheueli C. Wang Georgia Public Defender Standards Council, Appellate Division, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Dana E. Weinberger, Assistant Attorney General, Atlanta, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: S11A1776

    The trial court did not err in declining to give the defendant's requested jury instruction that self-defense is a valid justification to felony murder pursuant to Heard v. State, 261 Ga. 262 1991,

  • Allen v. Sea Gardens Seafood Inc.

    Publication Date: 2012-03-23
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Craig T. Jones Page Perry LLC and Robert B. Jackson IV, Atlanta, for appellant.
    for defendant: . Adam S. Poppell III, Darien, James A. Chamberlin Jr., Brunswick, and Mary J. L. Volkert, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1912

    Even if the purported consent judgment could be construed as an order enforcing the parties' settlement agreement, the trial court impermissibly modified the permit provision by eliminating its func

  • Newkirk v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jenifer R. Burns and Falen O. Cox Public Defender's Office, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Julayaun M. Waters, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1850

    The defendant presented no evidence showing that the jury heard the trial court admonish defense counsel during a bench conference on his failure to seek bifurcation of the charge alleging possessi

  • Phan v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jennifer S. Hanson, Bruce S. Harvey, K. Julie Hojnacki, Kimberly H. Cornwell Law Offices of Bruce S. Harvey, Atlanta, and Christopher W. Adams, Charleston, S.C., for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Lisa A. Jones, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: S11A1909

    The trial court did not abuse its discretion in ruling that the presumptive prejudice arising from the more-than 4-year delay in brining the capital murder defendant to trial was insufficient to es